Item - 2024.NY10.3

The North York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 3736, 3742, 3748, 3750 Bathurst St and 11-15 Richelieu Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, North York District, including a hold for the following:

a. The Sanitary Sewer System Upgrades (City Project number 19-32 (Contract 19ECS-LU-12FP), 19-03 (19-03C2 per T.O.INview) (Contract 21ECS-LU-04FP) and 19-06 (19-06D per T.O.INview), all of which are located within Basement Flooding Protection Program Map Area 19, which works are being undertaken by the City of Toronto, Engineering and Construction Services, Design and Construction, Linear Underground Infrastructure, have been designed, constructed and operational to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager of Toronto Water;

b. The owner has provided an acceptable alternative solution to address the outstanding municipal sanitary sewer capacity issues to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water and such acceptable solution has been implemented by the owner(s) at their sole cost to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.  City Council approve that in accordance with Section 42 of the Planning Act, prior to the First Above Grade Building Permit, the Owner shall convey to the City an off-site parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

4. City Council approve the acceptance of an off-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition;

5. City Council direct that should the cost of acquiring the land for the off-site dedication, including the purchase price, less reasonable real estate commissions of five (5) percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks, Forestry and Recreation, be less than the value of the parks levy calculated upon the submission of an application for the first above-grade building permit, the difference will be paid as cash in lieu to the City prior to the issuance of the first above-grade building permit for the development; and,

6. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

The North York Community Council held a statutory public meeting on January 24, 2024, and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a mixed use development with a 10 storey (34.1 metres) mid-rise building fronting onto Wilson Street and a 32 storey (100.5 metres) residential building connected by a base building that is six storeys in height.

The total gross floor area is approximately 37,540 square metres with 479 residential units and 853 square metres of non-residential / retail uses on the ground floor of the base building. The overall Floor Space Index of 7.24.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews and recommends approval of the application to amend the Zoning By-law. The proposed development provides for an appropriate off-site parkland dedication and conforms to the relevant policies of the Official Plan. This report recommends a holding provision ("H") be included in the proposed Zoning By-law, to remain in place until such time as the owner has delivered updated servicing reports, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.